Open Security Council Debate

“The promotion and strengthening of the rule of law in the
maintenance of international peace and security”

H.E. Karel J.G. van Oosterom

Permanent Representative of the Kingdom of the Netherlands

to the United Nations

NEW YORK, 19 FEBRUARY 2014

Madam President,

Thank you for organizing this important debate on the promotion and
strengthening of the rule of law in the maintenance of international peace and
security. The concept note by Lithuania explores in an excellent way the
challenges and opportunities in the field of rule of law.

The Netherlands aligns itself with the statement made by the EU. Allow me to
also make a few remarks in a national capacity.

Promoting international law is dear to our hearts. Respect for the rule of
law is an essential condition for peace and stability and lasting economic
development. It is inextricably linked to the protection of human rights and
fundamental freedoms. As an open society and an open economy, the Netherlands
depends on a strong international order. Our constitution even obligates our
governments to promote the international legal order. In Europe, we have traded
the rule of the strongest for the rule of law, as Minister Timmermans said
today.

Madam President,

Allow me to make three points, on the links between rule of law, development,
and peace and security. In general, rule of law has an international and a
national dimension.

International law is complementary to national law.

International institutions can assist national governments in many ways. One
example is the Venice Commission of the Council of Europe, which recently
advised the government of Tunisia on its new Constitution, one that is now seen
as an example for the region.

International legal institutions, such as the various courts and tribunals in
The Hague, can make positive contributions to prevent conflicts, strengthen the
rule of law and combat impunity by holding to account those who perpetrated or
condoned heinous crimes. The Netherlands strongly believes that the Security
Council should refer the current mass atrocities in Syria to the ICC. In
general, Security Council interaction with the ICC must be improved. The
international legal order will also be strengthened if all member states accept
the compulsory jurisdiction of the Court of Justice. This ought to be
complementary to efforts under national law. States have a fundamental
responsibility to pursue the rule of law towards everyone within their
jurisdiction.

Rule of law is essential for sustainable development.

There is increasing international consensus that security and rule of law are
important development outcomes in their own right and critical building blocks
for sustainable development and inclusive economic growth. The Netherlands,
jointly with the UK and Australia, stated its position clearly two weeks ago in
the Open Working Group: “In the post-2015 framework, we want to see goals and
targets on governance and the rule of law, peace, safety and justice for all”.

Peace and inclusive and effective institutions require the leadership and
ownership of the countries involved, supported by the UN upon request. This can
only be achieved through the acceptance, involvement, and participation of
citizens and communities. Women especially, are drivers of development, if they
have the opportunity to make their voice heard and have access to state and
judicial services.

Countries without a functioning system which guarantees rule of law will be
unable to reach development goals. Because investors will be hesitant if
uncertainty exists that their investments are protected, and because talented
individuals driven by the desire to enjoy basic human rights are tempted to
resort to migration. Just two examples of rational behavior resulting in
diminished economic growth.

Bilateral efforts must complement multilateral efforts. One of the four
pillars of Dutch development cooperation is security and the rule of law. Within
this policy, we focus not so much on bricks and mortar but more on the mentality
behind this hardware. For example, in Rwanda, the Netherlands supports the
one-stop-centers for victims of sexual violence and the establishment of legal
aid mechanisms. In Uganda we assist with the collaboration of all the partners
within the justice, law and order sector, including civil society, focused on
improving service delivery to citizen.

A one size fits all approach does not apply: the differences between states
in the field of security and rule of law require tailor-made support.

A comprehensive approach is needed, especially in post-conflict
situations.

The High Level Meeting on the Rule of Law, which took place in September
2012, was the first UN summit of its kind. It meant an important step forward,
but much remains to be done. The declaration that was adopted at the High Level
Meeting asked for greater coordination and coherence among the UN entities and
with donors and recipients, to improve the effectiveness of rule of law
capacity-building activities in countries.

The Netherlands has for many years supported the UN engagement on rule of
law, through UNDP, DPKO and the Peacebuilding Fund. We support the decision of
the SG to appoint DPKO and UNDP as focal points for police, justice and
corrections activities and urge all involved to continue strengthening the
implementation of this initiative, as requested by UN missions and offices in
the field.

To ensure growth and development, rule of law is especially essential for
states coming out of conflict. We need to address the causes of conflict and
fragility to break the cycle and make development possible. Let me give you the
example of Ethiopia, where access to improved water quadrupled after the war
ended. Mozambique more than tripled its primary education completion rate in
just eight years. Primary education enrolment in Rwanda increased from 75% to
96% between 2006 and 2011.

But it only works if a coordinated and comprehensive strategy is in place
early on, to which bilateral and multilateral actors are truly committed.
National ownership and vision must guide this to meet the expectations and to
keep the momentum and credibility of the process. One such example is the
Afghanistan province of Kunduz, where The Netherlands enacted a program to
strengthen the police, prosecutor’s office and lawyers, and rights awareness
building for citizens.

Mr. President,

To conclude, let me underline the relevance of rule of law for the people we
represent here at the UN. As the Dutch philosopher Spinoza said: “The goal of
the state is actually freedom”.

For citizens worldwide, the rule of law, safety and justice are crucial to
guarantee freedom, to achieve lasting prosperity and to prevent violence and
conflict from taking hold. Country leadership and ownership is essential, and
where needed, the international community should stand ready with coordinated
and long-term assistance. The Netherlands is and will continue to be your
partner in this respect, for peace, justice and development.